Introduction to English Law of Obligations– Law of Torts Dr Jan Halberda (jan.halberda@uj.edu.pl) Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Contracts Torts (Delicts) Unjust Enrichment Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Wrongful acts Crimes Criminal court, Penal law guilty or not guily Torts – Delicts – Civil wrongs Civil court, Civil/Private law liable or not liable Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Parties in tort Wrongdoer / Tortfeasor Victim Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements Infringment of rights Fault or blame on the part of defendant Loss suffered by the plaintiff Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements As a rule: Fault or blame on the part of defendant Exception: Strict liability torts – - dangerous things escaping from land (Rylands v. Fletcher - 1868); - dangerous animals; - some statutory duties Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements As a rule: Loss suffered by the plaintiff Exceptions: Torts actinable per se, ie: without proof of loss – libel, trespass to land, (-> lead only to nominal damages) Introduction to English Law of Obligations© Jan Halberda(UJ)

Liability in tort – essential elements Damage to the property Injury to the person [pain and suffering; loss of ability to pursue previous activities or interest; loss of actual or prospective earnings; medical expenses] Financial loss Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Remoteness of damage Link between wrongful act and resulting injury. Chain of events. Reasonably foreseeable damage Ruling: Wagon Mound Case (1961) Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Remoteness of damage Wagon Mound Case (1961) Welding: Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Remoteness of damage Novus actus interveniens /hospital treatment of car accident victim/ Defendant must take victims as he finds them /Eggskull rule/ Ruling : R v Blaue (1975) Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Defences Statutory authority /Noisy railway/ Inevitable accident /Electric cables damaged during excavations/ Act of God /Bridges broken after lakes burst due to rainfall/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Defences Consent /spectator injured while watching motor race/ Contributory negligence /lady locked in toilet/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Vicarious liability Employer is liable for his employee. Principal – for his agent. Partner – for his partners in partnership. Car’s owner – for car’s driver. Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Vicarious liability Employer is liable for his employee and not for an independent contractor. Employer is liable for his employee in the course of his employment. Limpus v. London General Omnibus Co (1862) Warren v. Henlys Ltd (1948) Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Vicarious liability Vicarious liability does not affect tortfeasor’s liability. Employer can sue employee for indemnity. Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Joint wrongdoers Joint and several liability Joint liability Several liability Indemnity / contribution Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Remedies in tort Damages Injunction Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Negligence Defendant owed plaintiff a legal duty of care. The duty was broken. Damage was suffered in consequence. Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Duty of care Neighbour rule [any person closely affected by your conduct, and whom you should reasonably forsee might be injured by you] Donoghue v.Stevenson (1932) /snail in a bottle/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Duty of care Hedley Byrne v. Heller and Partners (1963) /careless bank reference on client’s credit/ Rondel v. Worsley (1969) /public policy reasons; lawyer not liable/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Secondary victims Is there duty owed to plaintiff? /1. woman heard collision/ /2. mother saw members of her family injuried/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Secondary victims Alcock v Chief Constable of South Yorkshire Police [1992] Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Secondary victims Alcock v Chief Constable of South Yorkshire Police [1992] the victim must perceive a "shocking event" with his own unaided sense, the shock must be a "sudden„ the victim must show a "sufficiently proximate" relationship with a primary victim, a person of "normal fortitude" in the victim position would suffer psychiatric damage. Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Breach of duty Standard of care Reasonable prudent person /Bolton v. Stone (1951)/ Onus of proof Res ipsa loquitor /planes usually do not crash/ Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts SPECIFIC TORTS IN ANGLO-AMERICAN LEGAL SYSTEMS Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts Torts against land / goods / person Trespass (direct interference with the person or property of another without lawful justification) Trespass is actionable per se Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts against Land Trespass (direct interference with the person or property of another without lawful justification); actionable per se Trespass to land (direct interference with the land of another) Private Nuisance (unreasonable interference with a person’s use or enjoyment of his land) Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts against Land Private Nuisance (unreasonable interference with a person’s use or enjoyment of his land) Canary Wharf litigations Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts against Goods Trespass (direct interference with the person or property of another without lawful justification); actionable per se Trespass to goods (direct and unauthorised interference with goods in possesion of another) Conversion (dealing in the goods of another in such a way that the other’s title to the goods is called in question) Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts to the Person (1) Trespass to the person (intentional direct interference with the person or liberty of another without lawful justification ): - assault (person is threatened) - battery (application of force) - false imprisonment Introduction to English Law of Obligations© Jan Halberda(UJ)

Introduction to English Law of Obligations© Jan Halberda(UJ) Torts to the Person (2) Intentional physical harm (a wilful act which is likely to, and actually does, cause physical harm to another) Defamation (the publication of a false statement which tends to injure the reputation of another) Introduction to English Law of Obligations© Jan Halberda(UJ)